they were also within the
purview of that article, but that in view of article 329(b) ,
no relief could be granted either setting aside ... article 226 , a writ of certiorari under that
article will be competent against decisions of the Election
Tribunals also.
The view that article 329
People Act, 1951. The language of these provisions is borrowed from Article 329(b) of the Constitution with ... this difference only that the Article is preceded by the words "Notwithstanding anything in this Constitution". Article 329(b) of the Constitution provides
precluded from dealing with the application under Article 226 in view of the provisions of Article 329. The powers of this Court under Article ... anything in that article which derogates from the wide powers conferred on this Court under Articles 226 and 227. Article 329 reads as follows
Article 226 or Article 227 , it must prevail and be given full effect so as to exclude the constitutional remedy under Article 226 or Article ... Article 327 or Article 328 , shall not be called in question in any Court. The law which enjoys immunity from challenge under this article
that power. The argument that a total ban stands imposed under Article 329(b) of the Constitution was negatived. While dealing with this aspect ... Court under Article 226 to issue writ of 'certiorari' against decisions of Election Tribunals remains equally unaffected by Article 329
Gujaral cases, the writ petitions are raised for election dispute under Article 329(b) is bar including the Article 226 of the Constitution of India ... entertain the petition under Article 226 of the Constitution in view of the blanket ban under Article 329(b) of the Constitution.
Though, the above
decisions
of high authority as follows:
(i) Article 226 of the Constitution is pushed out by
Article 329 (b) , as held in N. P. Ponnuswami ... interrupting, obstructing or
protracting the election.
55. Article 243-O is pari materia with Article
329. While Article 329(b) as of necessity would
have
after holding that the term "election" as used in Article 329(b) of the Constitution embraces the whole procedure consisting of several stages ... that Act drafted in almost the same language as Article 329(b) of the Constitution providing that no election shall be called in question except
others [(2004) 7 SCC 492] wherein, it is
held that Article 329 (b) of the Constitution has specific
prohibition against any challenge to an election ... Others
[(1978) 1 SCC 405] wherein it is held that Article 329(b)
of the Constitution rules out maintainability of writ
application. It should
member. In, that decision it has been laid down that Article 329 , Clause (b) of the Constitution prevents an interference by the High Court ... meaning of the word 'election" as used in Article 329 , Clause (b) of the Constitution. The decision, therefore, was a decision
